In Michigan, eligible convicted criminals may attempt to have their convictions officially “set aside,” or expunged, after a certain period of time, meaning they are essentially taken off your record and/or “forgiven.” However, there are many strict limits that can impede your qualifications, some of which include:
Number of Convictions
In order to be eligible to have any sort of conviction(s) set aside in the state of Michigan, you must not have more than one felony or two misdemeanors. If you have one felony and two or fewer misdemeanors, you may ask a judge to set aside your felony. If, however, you have no felonies whatsoever, you may ask a judge to set aside one or both of your misdemeanors. Any misdemeanor or felony convictions that were deferred or dismissed must also be included, though they will only count as misdemeanors regardless.
Type of Conviction(s)
There are some convictions that can never be expunged from one’s record. A mere few of these include:
- Crimes involving sexual abuse and/or misconduct
- Crimes in which the victim was a child
- Certain traffic offenses, such as drunk driving
- Felony domestic violence charges with additional related misdemeanor charges
If you are not sure exactly what crimes are listed on your official record, you can get a copy of your record using Michigan’s Internet Criminal History Access Tool (ICHAT) or visit the court where you were convicted to get an official Order of Conviction copy. Of course, once you determine if you are eligible, there is a significant waiting period before you can submit an application. You must wait at least five years from the date you last interacted with law enforcement in relation to the conviction you’re attempting to set aside. If you attempt to have a conviction set aside and are denied, you must wait an additional three years from the denial date to apply again, unless you have permission from a judge.
Special Circumstances
If you were charged and convicted with a specific offense, like prostitution, because you were a victim of human trafficking, you may be eligible to have these charges expunged from your record. You may even be able to set aside more than one conviction and skip the waiting period.
After you have determined whether or not you can even apply to have your conviction(s) set aside, the process only gets more complex. Having highly respected, skilled, well-connected criminal defense attorneys, like ours at Fraiberg & Pernie, PLLC, is your best chance at having your conviction(s) set aside. We can help you through every step of your unique expungement process, from completing your application and gathering records for submission to the court, to walking you through the hearing and all the moments thereafter. Let our remarkable attorneys at Fraiberg & Pernie, PLLC help you get your life back – one efficient step at a time!